Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Penal Code 1860 - ss.302 380 r/w s. 34 - Murder - Caused due to strangulation by ligature |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Penal Code, 1860 - ss.302, 380 rlw s. 34 - Murder - Caused due to strangulation by ligature - Wrist watch stolen from the house of deceased - Case set up only on circumstantial evidence - Two accused including the appellant - Trial Court convicted both the accused - High Court upheld conviction of appellant but acquitted the other accused - On appeal, held: The prosecution failed to lay foundation for effective prosecution and it was not proved beyond doubt that appellant had committed the murder - It is not enough that the circumstances lead to possibility or probability of the involvement of the accused; the circumstances should point all the fingers to the accused and the accused only - That was not the situation in this case - The chain was also not complete - The other accused, who according to the prosecution was perpetrator of the offence u/s.302 /PC, had been acquitted by the High Court- The State did not file appeal against the acquittal - The only piece of shaky evidence against the appellant was of recovery of the wrist watch of PW1 from and through the mother of the appellant - She was not examined - No explanation as to how despite the availability of appellant, the recovery was effected through his mother - No explanation for delay of about ten days in effecting recovery - Witnesses did not support the disclosure statement or the seizure - Owner of the ,wrist watch- PW1 (husband of deceased) did not have a case that hisĀ· wrist watch had been stolen by the appellant- That version not also supported by children of the deceased - They had no case of theft of wrist watch or cash - Prosecution miserably failed in proving case against the appellant - Conviction of appellant u/ss.3021380 /PC therefore set aside. |
Judge | Hon'ble Mr. Justice Kurian Joseph |
Neutral Citation | 2014 INSC 511 |
Petitioner | Durga Burman (roy) |
Respondent | State Of Sikkim |
SCR | [2014] 8 S.C.R. 311 |
Judgement Date | 2014-07-31 |
Case Number | 1010 |
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